Drinking arrests' details disputed

Student's father hires attorney to examine police actions in raid.

Student's father hires attorney to examine police actions in raid.

October 07, 2008|ERIC HANSEN Tribune Staff Writer

SOUTH BEND -- If 20-year-old Notre Dame student Kelly Gaudreau pays her user fees, performs her community service and follows through on any other details the St. Joseph County prosecutor's office requires of her in its voluntary diversion program, theoretically the events of the early morning hours at 702 E. Colfax Ave. will go away forever. But perhaps not emotionally. And perhaps not legally either -- yet. Gaudreau's father, Bill, has hired an attorney to look into allegations in which he said his daughter was pulled from her bed and emotionally abused by police during a raid on an off-campus party. Gaudreau was one of 37 Notre Dame students arrested at that party, a list that counted 22 Irish athletes, including football players Will Yeatman and Mike Golic Jr. On the night of Sept. 20, officers from the St. Joseph County SUDS (Stop Underage Drinking and Sales) Unit, St. Joseph County Police Reserves, Indiana State Excise Police and the Indiana State Police were targeting local establishments for complaints received by Indiana State Excise Police. According to the police logs, an officer on the way to a targeted location drove by the corner of Colfax and St. Louis and observed what appeared to be several underage people drinking. From there, police accounts and the statements of some of those arrested begin to diverge. The central issue of contention is whether police legally entered the residence. Attorney Jeff Stesiak, who represents Yeatman and several of the women who rent the residence on Colfax, says the renters claim in sworn affidavits that the police were never granted permission to enter the residence; that police were overzealous in their scope and their manner; that Miranda Rights weren't read to most if not all of the students; that Yeatman and fellow football player Golic were taunted and that somehow quarterback Jimmy Clausen's name became part of the taunting even though Clausen wasn't present; and that several of the arrested parties told police they had to go to the restroom and were turned down and they ended up wetting themselves. In a written response to a Tribune inquiry Monday afternoon, Dvorak said his office believes that the arrests are "valid and enforceable." Dvorak said the students charged may participate in a diversion program, a provision of Indiana law that lets first-time offenders avoid a conviction. He added, "We believe we have sufficient evidence with which to prosecute misdemeanor offenses, but have not done so in order to afford them this diversion opportunity." Dvorak said the students' allegations of mistreatment or impropriety by a particular officer should be made to that officer's police department. "I am confident that the Internal Affairs division of the department will make an inquiry into the matter." But he added, "The allegations which you have reported to me, if true, would be improper, but would not rise to the level of providing the respective defendant with a defense to the crime we have alleged has been committed." Police, meanwhile, categorically deny all of the allegations, except the Miranda Rights assertion, which Lt. Tim Cleveland of the Indiana Excise Police says doesn't apply in this situation. "The U.S. Supreme Court says the only time you have to read someone their Miranda Rights is if you are going to question them about the condition of a crime," he said. "You can handcuff somebody, transport them to jail, drop them off, do the paper- work, and as long as you don't question them, you don't have to read them Miranda." Brett Vecchio, a 20-year-old former Irish lacrosse player from Lloyd Harbor, N.Y., said he was in the basement of the house when he heard someone yell that the police were there. He said he was in a room with two other people, and they locked the doors and turned out the lights. He said his next interaction came when police kicked the door in. They were then herded into a main room, "where police jeered and laughed about arresting athletes." "I know there's complaints about taunting and other allegations," said Sgt. Bill Redman, spokesman for the St. Joseph County police, who was at the scene Sept. 21. "When I was there, none of that was happening. I honestly didn't even know (there were any athletes), with the exception of the two football players -- and that wasn't until they were almost ready to be transported to jail. Most of the excise guys aren't from the area. To say taunting was going on, we didn't even know they were athletes with the exception of Yeatman and Golic." Redman also stated emphatically that the officer who first observed the party was the one who was invited inside by one of the house's residents. Vecchio said he was compelled to speak out, because he wasn't an athlete at ND and that many of the student-athletes were upset about the alleged police conduct, but weren't allowed to talk, per their respective coaches. "Looking back, it seems that (the police) were trying to make an example of everyone," Vecchio said. "I know it's not right if you're under 21 and you drink, but I don't think police had to take it to that extreme." Some have questioned why the students were arrested rather than being ticketed. Redman said it was a matter of liability. "The decision was made by some of the officers there to arrest everybody," Redman said. "Normal practice here is if it's a high school party, we contact their parents and they come take custody of them, and now it's their responsibility. Here, we didn't have that option, because they all live out of state. Most of them were over the age of 18, so they're considered adults, but we didn't want to take that responsibility of writing someone a ticket and having them walk to school, walk back to campus or wherever they lived, get hit by a car, something major happens -- and then the liability falls back on us." Yeatman is one of three people not eligible for the diversion program, because he is not a first-time offender. He has missed ND's last two football games, as Irish head football coach Charlie Weis awaits resolution in the matter with the university's Office of Residence Life. Yeatman's hearing before that board is today. "It is a difficult thing," Redman said of the issue of underage drinking. "I've spent the last 12 years on the police department, teaching the DARE program and trying to educate young people to try and stay away from alcohol, drugs and all that ... I feel it's real important that we teach our kids the right lessons." Staff writer Dave Stephens contributed to this report.